A. In fact, misunderstanding and legal principles 1) As to the infringement of a structure, even though the lease contract on the first floor of the commercial building located in Daegu Suwon-gu B (hereinafter “instant commercial building”) was terminated, the victim did not transfer the occupation of the instant commercial building, and thus was rendered a favorable judgment against the victim by filing a lawsuit claiming the name of the building (hereinafter “relevant civil lawsuit”) against the victim.

In addition, at the time of the case, the victim already moved the static point operated in the commercial building of this case to another place and suspended the payment of monthly rent, so there was a reasonable reason to believe that the victim voluntarily renounced possession of the commercial building of this case.

Therefore, the defendant's entry into the commercial building of this case does not constitute a crime of intrusion on the building.

2) On March 4, 2019, after a judgment of the first instance court on related civil procedure was rendered, the Defendant sent a content-certified mail to urge the victim to perform the duty of restoration, and the above mail reached the victim on the 6th day of the same month.

In this regard, the victim did not claim ownership of the remaining straws in the commercial building of this case, or did not implement the restoration of the original state.

Therefore, the victim renounced the ownership of the said goods and disposed of it.

Even the crime of damage to property is not established.

3) Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. 1) The Defendant asserted to the same effect as the grounds for the above appeal even in the lower court’s determination, and the lower court’s judgment is not more than three pages of the judgment, and a lease agreement with the victim is concluded.